UNION OF INDIA Vs. NIDHI BUILDERS

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 25.03.2015 delivered by the learned Single Judge of this Court in OMP No. 233/2015, which was a petition filed by the appellant under Sec. 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the said "Act") in respect of an award dated 30.12.2014 passed by the Sole Arbitrator.

(2.) The disputes had arisen between the parties out of the contract for the provision of married accommodation for OR (Other Ranks) (196 dwelling units) and for JCOs (Junior Commissioned Officer) (53 dwelling units), including allied external services at Kabul Lines, New Delhi. The respondent had made several claims and the respondent's claims had been partly allowed by the award dated 30.12.2014. That award had been upheld by the learned Single Judge.

(3.) On going through the impugned judgment, we get the impression that the main point argued before the learned Single Judge was whether time was of the essence of the contract or not. This is particularly evident from paragraph 19 thereof where the learned Single Judge has noted that the crux of the issue is whether the repeated extensions of time granted to the respondent without the levy of any compensation by the appellant (respondent therein) points to the fact that time was not of the essence of the contract. It is further observed by the learned Single Judge that this in turn would lead to the examination of the validity of the termination of the contract by the appellant herein.